On the computer crime thing - sure, there are many programmes that are capable of being used to commit a crime. There must be a co-existent intention to commit a crime which may be proven by direct evidence or inference. But then lots of stuff can be used for nasty purposes. The crowbar that I am using for my house renovations could be used for a burglary, and the hammer which I use for a legitimate purpose can be used for an offence of violence.
More detail of the Supreme Court case please - talk about throwing out a teaser!